SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1995 Supreme(SC) 523

B.L.HANSARIA, K.RAMASWAMY
Dahiben (Widow Of Ranchhodji Jivanji) – Appellant
Versus
Vasanji Kevalbhai – Respondent


Advocates:
B.K.MEHTA, H.A.RAICHURA, MONICA SHARMA, P.S.SHROFF, Promila Chaudhary, S.B.Vakil, S.K.DHOLAKIA, S.S.SHROFF

JUDGMENT

HANSARIA, J. :—In this appeal we are basically concerned with the interpretation of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short the Act) as amended by Bombay Act No. 33 of 1952. Being concerned with a legislation beneficial to tenants, the Courts are required to give a liberal interpretation; and if we can foretell our conclusion, according to us, the amendment of 1952 would relate back to the Act as enacted. In any case, the amendment would apply to the suit which was pending when the amendment had come into force. In view of this conclusion of ours, the appeal shall have to be dismissed, as the amendment has given benefit to the tenants, who are respondents in this appeal.

2. The facts which need be noted for the disposal of the appeal are that the appellants filed a suit on 25-4-1949 for possession of the land under the occupation of the defendants. The suit had come to be filed after the plaintiffs had issued a notice to defendants 1 and 2 on 19-10-1947 under Section 7 of the Bombay Tenancy Act, 1939 terminating the tenancy and claiming that the land was required for personal cultivation. The possession was demanded by the notice on the expiry of 31st





















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top